Roe v. Wade

Slavery, Abortion, and the Politics of Constitutional Meaning

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Slavery, Abortion, and the Politics of Constitutional Meaning

This Liberty Law Talk is with political scientist Justin Dyer on his latest book, Slavery, Abortion, and the Politics of Constitutional Meaning (Cambridge University Press, 2013). In debates over the legality of abortion common opinion has focused on the connections

Peeling Back the Common Law: Reflections Stirred by James Stoner on the Common Law

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We were not aware at the time that they were twilight years, that time just before Roe v. Wade was decided, when statutes on abortion were sustained in the courts and only occasionally struck down.  That is in part why

Democracy, Distrust, and the Republican Form of Government

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This post consists of two parts:  (1) thoughts prompted by re-reading John Hart Ely’s Democracy and Distrust; and (2) something resembling a meditation on the Guaranty Clause.  As the reader will see, I am not able to articulate the